Photographic Copyright, a Guide
It is very important for both the photographer and client to understand the legal position on how and when images that have been taken can be used after the commission.
When you commission a professional photographer to take some pictures you are entering a legally binding contract, with rights and responsibilities applicable to both parties. One important aspect of this contract concerns copyright of the images made. It is perceived by many clients that all rights to the image or images stay with them. This is in fact not the case, and hasn't been for many years. The law on copyright changed fundamentally with the passing of the Copyright, Designs & Patent Act 1988. Prior to this Act the person or company who commissioned the photography owned the copyright to the work.
The position was reversed with the introduction of the 1988 Act as it granted photographers the same rights as musicians, painters and other creative individuals. The copyright of the photograph now belongs to the person who took it. There is an exception when a photographer is employed by their company and in this case the company owns the rights to the photographs. It is possible for the company to waive this right if it has been negotiated into the contract of employment.
The copyright lasts for 70 years after the end of the year in which the author dies. It offers protection against unauthorised reproduction of the photographs and entitles the owner to economic benefit from it. The act also extends some moral rights to the photographer which include the right not to have it falsely attributed, and the right not to have the work subjected to derogatory treatment.
In reality this means that clients may only use any photographs taken by the professional photographer as per the terms agreed at the time they were commissioned. Any modification to these terms must be sought and agreed from the photographer and additional fees agreed as appropriate.
For this reason it is essential that clients specify (preferably in writing) the uses to which images will be used when briefing the photographer and requesting a quotation. This agreement then forms part of the contract. It should cover how the work will be used, where (geographically) it will be used and for how long it will be used.
Ultimately, it is in the interests of everyone to have a clear understanding of what has been agreed, so that there is no confusion if any subsequent issue arises.
